What is what to do when custodial parent denies visitation?

When a custodial parent denies visitation, it's a frustrating and legally concerning situation. Here's what you can do:

• Document Everything: Keep a detailed record of every denied visitation attempt. Include the date, time, specific reasons given (if any), and any communication with the custodial parent. This documentation will be crucial evidence.

• Review the Court Order: Carefully review your existing court order regarding custody and visitation. Understand the specific terms, including dates, times, locations, and any special conditions. The order is the legally binding document, and any deviation is a violation.

• Attempt Communication: Before taking legal action, try to communicate with the custodial parent to understand their reasons for denying visitation. Sometimes, there may be a misunderstanding or a legitimate concern (e.g., child's illness). Document these communication attempts.

• Mediation: If direct communication fails, consider mediation. A neutral third party can help facilitate a discussion and potentially resolve the issue amicably.

• Legal Action: If all other attempts fail, you'll need to take legal action. This typically involves filing a motion with the court.

  • File a Motion for Contempt: This motion requests the court to find the custodial parent in contempt of court for violating the visitation order. You'll need to provide evidence of the denied visitation, such as your documented attempts. The court can then impose penalties on the custodial parent, such as fines, make-up visitation, or even jail time.
  • File a Motion to Modify the Custody Order: If the denial of visitation is frequent or ongoing, consider filing a motion to modify the custody order. This asks the court to reassess the custody arrangement, potentially granting you more custody or changing the visitation schedule. You will need to show that there has been a significant change of circumstances and that modifying the custody order is in the child's best interests.

• Gather Evidence: When pursuing legal action, gather as much evidence as possible. This includes your visitation schedule, records of denied visits, emails, text messages, and any witnesses who can testify to the denied visitation.

• Consider Child's Preferences (If Applicable): Depending on the child's age and maturity, the court may consider their preferences regarding visitation.

• Consult with an Attorney: This situation can be legally complex. Consulting with a qualified family law attorney is highly recommended. An attorney can advise you on your rights, the best course of action, and represent you in court.

Here are the important subjects as markdown links:

• Document Everything
• Review the Court Order
• Attempt Communication
• Mediation
• File a Motion for Contempt
• File a Motion to Modify the Custody Order
• Gather Evidence
• Consider Child's Preferences
• Consult with an Attorney